[WSBARP] ejectment or UL detainer

[Eric Nelsen]

Question for y'all - RCW 59.12.030(6)<http://app.leg.wa.gov/RCW/default.aspx?cite=59.12.030> requires that the person to be evicted on a 3-day notice had to have entered onto the land without permission. If the son "entered the land" and took up occupancy with mother's permission, and then mother dies, is there any way to "re-set" the entry requirement? Is the argument that, after mother died, presumably at some point the son had to leave, even if just to go buy groceries, and at that point the sister as PR denied his right to enter?

The other method I have seen used (though I think there is argument about whether it's valid) is to convert this kind of "tenant at will" to a rent-paying tenant by serving a written demand for payment of monthly rent commencing on a date certain, and stating that continued occupancy past that date will signify acceptance of the requirement to pay rent. Assuming the son fails to pay the rent, then a 3-day notice can be given and UD is available under RCW 59.12.030(3). If he pays rent, then issue a notice to terminate the month-to-month on 20-day notice, and if he doesn't move out UD is available under RCW 59.12.030(2).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Tom Westbrook
Sent: Friday, August 24, 2018 9:55 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] ejectment or UL detainer

Don't know how any commissioner in Pierce County will handle this, but I've used Herman's approach on several occasions here in Thurston County in the estate setting and it has worked. To me, that's faster than hoping for a default in ejectment or having to bring a summary judgment motion, especially here in Thurston where most summary judgment calendars are 2 months out.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Bryce Dille
Sent: Friday, August 24, 2018 8:54 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] ejectment or UL detainer

Unfortunately I don't think that's available since he was in the house with permission of the mother then when she died he continued in possession and the sister then required he make the mortgage payments if he wanted to stay there which he did but now she wants him out for various personal  reasons and the fact she wants to sell and get the equity out of the house. So I think ejectment is my only practical remedy



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Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>





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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of HOWARD HERMAN
Sent: Friday, August 24, 2018 8:14 AM
To: carl at greenawaylawfirm.com<mailto:carl at greenawaylawfirm.com>; 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] ejectment or UL detainer

Take a look at RCW 59.12.030(6).   59.12 is the statute that  59.18 is built on and defines unlawful detainer. This situation is not a residential landlord/tenant relationship and therefore your relief is in 59.12. Give the 3 day notice to vacate followed by the special summons form in 59.18.365 in the event he doesn't move in 3 days. The complaint need only to state that the sister is the owner of the property, that the brother is in violation of 59.12.030 (6) and that he has failed to vacate after service of the 3 day notice. By motion, you can get an order to set a show cause hearing 8 days following the return date on the summons.  This order to show cause can be served along with the summons.  Service and declaration of service should be by someone other than the sister and following the requirements of CR 4.

Howard Herman
Herman Herman & Jolley, P. S.
509 220 5810

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Carl Gay
Sent: Thursday, August 23, 2018 4:02 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] ejectment or UL detainer

The son probably would be considered a licensee under a license from Mom, revocable now by his sister.
In my experience, unless the son is willing to do the right thing and simply move out, the legal fees to either evict (and it would likely be characterized as a tenancy by sufferance and not subject to the traditional chapter 59.18 RCW unlawful detainer process), eject, or file a declaratory judgment action to terminate the license (quiet title) will easily exceed $2,500.
I would offer that amount to the son (to be paid after he has moved out) upon the condition he is gone in 10 days and signs a quitclaim deed, otherwise tell him the $2,500 will be used to retain a lawyer to force him out with him, in all probability, getting nothing other than any inheritance or intestate share.

CARL LLOYD GAY

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Thursday, August 23, 2018 3:29 PM
To: WSBA Real Property Listserv (wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>)
Subject: [WSBARP] ejectment or UL detainer

In a tenancy situation where occupant lived in property with consent of mother and then mother dies and property is inherited by sister of occupant and although he pays no rent or mortgage payment he does pay utilities and keeps the place up now sister wants him out  and notice of termination has been given in this, case 30 days can the eviction be thru a unlawful detainer action or must it be action for ejectment. Thank as always for your input



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Bryce H. Dille | Attorney at Law

P: 253.848.3513| F: 253.845.4941
317 South Meridian
Puyallup, WA 98371
bryced at cdb-law.com<mailto:bryced at cdb-law.com>
www.cdb-law.com<http://www.cdb-law.com/>





This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please notify the sender immediately.

Business Entity Creation and Management
Business, Government and Tax Law
Real Estate and Land Use, Residential, Commercial and Condominium Development
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Estate Planning, including Wills and Trusts, and Probate Administration
Representation Homeowners/Condominium Association Real Estate Developments
Real Property Foreclosures and Forfeitures






















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